40 U.S.C. § 3316 — Report to Congress

Page 139 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3316 1 So in original. Probably should be ‘‘PUBLIC’’. (3) if new construction would be required to install a baby changing facility in the public building and the cost of such construction is unfeasible; or (4) to a building not subject to an alteration as set forth in section 3307. (c) DEFINITIONS.—In this section: (1) BABY CHANGING FACILITY.—The term ‘‘baby changing facility’’ means a table or other device suitable for changing the diaper of a child age 3 or under. (2) PUBIC 1 BUILDING.—The term ‘‘public building’’ means a public building as defined in section 3301 and controlled by the Public Building Service of the General Services Ad- ministration. (Added Pub. L. 114–235, § 2(a)(2), Oct. 7, 2016, 130 Stat. 964.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act, referred to in subsec. (a), probably means the Americans with Dis- abilities Act of 1990, Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. PRIOR PROVISIONS A prior section 3314 was renumbered section 3315 of this title. Statutory Notes and Related Subsidiaries APPLICABILITY Pub. L. 114–235, § 2(c), Oct. 7, 2016, 130 Stat. 965, pro- vided that: ‘‘The requirement under section 3314(a) of title 40, United States Code, shall apply in the case of a public building constructed, altered, or acquired by the Administrator of General Services on or after the date that is 1 year after the date of the enactment of this Act [Oct. 7, 2016], beginning on that date.’’ § 3315. Delegation (a) WHEN ALLOWED.—The carrying out of the duties and powers of the Administrator of Gen- eral Services under this chapter, in accordance with standards the Administrator prescribes— (1) shall, except for the authority contained in section 3305(b) of this title, be delegated on request to the appropriate executive agency when the estimated cost of the project does not exceed $100,000; and (2) may be delegated to the appropriate exec- utive agency when the Administrator deter- mines that delegation will promote efficiency and economy. (b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delegation under subsection (a) does not exempt the person to whom the delegation is made, or the carrying out of the delegated duty or power, from any other provision of this chapter. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, § 3313; Pub. L. 109–304, § 17(g)(3), Oct. 6, 2006, 120 Stat. 1709; renumbered § 3314, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered § 3315, Pub. L. 114–235, § 2(a)(1), Oct. 7, 2016, 130 Stat. 964.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3313(a) ........ 40:614 (1st sentence). Pub. L. 86–249, § 15, Sept. 9, 1959, 73 Stat. 483. 3313(b) ........ 40:614 (last sen- tence). In subsection (a), before clause (1), the words ‘‘duties and powers’’ are substituted for ‘‘responsibilities and authorities’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes PRIOR PROVISIONS A prior section 3315 was renumbered section 3316 of this title. AMENDMENTS 2016—Pub. L. 114–235 renumbered section 3314 of this title as this section. 2007—Pub. L. 110–140 renumbered section 3313 of this title as this section. 2006—Subsec. (a). Pub. L. 109–304 substituted ‘‘The’’ for ‘‘Except for the authority contained in section 3305(b) of this title, the’’ in introductory provisions and ‘‘shall, except for the authority contained in section 3305(b) of this title,’’ for ‘‘shall’’ in par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 3316. Report to Congress (a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—Within a reasonable time after a request of either House of Congress or any committee of Congress, the Administrator of General Services shall submit a report show- ing the location, space, cost, and status of each public building the construction, alteration, or acquisition of which— (1) is to be under authority of this chapter; and (2) was uncompleted as of the date of the re- quest, or as of another date the request may designate. (b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR COMMITTEE ON TRANSPOR- TATION AND INFRASTRUCTURE.—The Adminis- trator and the United States Postal Service shall make building project surveys requested by resolution by the Committee on Environment and Public Works of the Senate or the Com- mittee on Transportation and Infrastructure of the House of Representatives, and within a rea- sonable time shall make a report on the survey to Congress. The report shall contain all other information required to be included in a pro- spectus of the proposed public building project under section 3307(b) of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, § 3314; renumbered § 3315, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renum- Page 140 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3317 1 Another section 3318 is set out after this section. 1 Another section 3318 is set out preceding this section. bered § 3316, Pub. L. 114–235, § 2(a)(1), Oct. 7, 2016, 130 Stat. 964.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3314(a) ........ 40:610(a). Pub. L. 86–249, § 11, Sept. 9, 1959, 73 Stat. 481; Pub. L. 96–470, title II, § 211, Oct. 19, 1980, 94 Stat. 2246; Pub. L. 103–437, § 14(b)(2), Nov. 2, 1994, 108 Stat. 4591. 3314(b) ........ 40:610(b). In subsection (b), the words ‘‘United States Postal Service’’ are substituted for ‘‘Postmaster General’’ in section 11(b) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773). The words ‘‘Transportation and Infrastructure’’ are substituted for ‘‘Public Works and Transportation’’ in section 11(b) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.). Editorial Notes PRIOR PROVISIONS A prior section 3316 was renumbered section 3317 of this title. AMENDMENTS 2016—Pub. L. 114–235 renumbered section 3315 of this title as this section. 2007—Pub. L. 110–140 renumbered section 3314 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 3317. Certain authority not affected This chapter does not limit or repeal the au- thority conferred by law on the United States Postal Service. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167, § 3315; renumbered § 3316, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renum- bered § 3317, Pub. L. 114–235, § 2(a)(1), Oct. 7, 2016, 130 Stat. 964.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3315 ............ 40:615. Pub. L. 86–249, § 16, Sept. 9, 1959, 73 Stat. 483; Pub. L. 91–375, § 6(m)(3), Aug. 12, 1970, 84 Stat. 782. The text of 40:615(1) is omitted as obsolete. Editorial Notes AMENDMENTS 2016—Pub. L. 114–235 renumbered section 3316 of this title as this section. 2007—Pub. L. 110–140 renumbered section 3315 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 3318.1 Lactation room in public buildings (a) DEFINITIONS.—In this section: (1) APPROPRIATE AUTHORITY.—The term ‘‘ap- propriate authority’’ means the head of a Fed- eral agency, the Architect of the Capitol, or other official authority responsible for the op- eration of a public building. (2) COVERED PUBLIC BUILDING.—The term ‘‘covered public building’’ means a public building (as defined in section 3301) that is open to the public and contains a public rest- room, and includes a building listed in section 6301 or 5101. (3) LACTATION ROOM.—The term ‘‘lactation room’’ means a hygienic place, other than a bathroom, that— (A) is shielded from view; (B) is free from intrusion; and (C) contains a chair, a working surface, and, if the public building is otherwise sup- plied with electricity, an electrical outlet. (b) LACTATION ROOM REQUIRED.—Except as pro- vided in subsection (c), the appropriate author- ity of a covered public building shall ensure that the building contains a lactation room that is made available for use by members of the public to express breast milk. (c) EXCEPTIONS.—A covered public building may be excluded from the requirement in sub- section (b) at the discretion of the appropriate authority if— (1) the public building— (A) does not contain a lactation room for employees who work in the building; and (B) does not have a room that could be repurposed as a lactation room or a space that could be made private using portable materials, at a reasonable cost; or (2) new construction would be required to create a lactation room in the public building and the cost of such construction is unfeasible. (d) NO UNAUTHORIZED ENTRY.—Nothing in this section shall be construed to authorize an indi- vidual to enter a public building or portion thereof that the individual is not otherwise au- thorized to enter. (Added Pub. L. 116–30, § 2(a), July 25, 2019, 133 Stat. 1032.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 116–30, § 2(c), July 25, 2019, 133 Stat. 1033, pro- vided that: ‘‘The amendments made by this section [en- acting this section] shall take effect 1 year after the date of the enactment of this Act [July 25, 2019].’’ § 3318.1 Availability of Federal building project information (a) IN GENERAL.—Not later than 180 days after the date of enactment of this section, and, at a minimum, on a quarterly basis thereafter, the Administrator shall make publicly available on